Study Of Several Legal Issues Of Real Estate Mortgage

Commercial House Mortgage comes from the mortgage system of Common Law countries .It means that people take the being-build house as mortgage to obtain the loan from the bank to purchase house, then repay the capital and interest by stages, meanwhile the developer should undertake to refund to some extent. In the beginning of 1990s, mortgage system was introduced to China from Hong Kong. With the fast development of the real estate market in our country, more and more people take this way to purchase commercial house. Though they have some characters in common, commercial house mortgage is different from other guarantees, such as charge, right pledge and security transfers. So it is worthy doing some research in this field.The first section reviews the establishment and development of the mortgage in Common Law countries, and then it introduces the general situation of mortgage in Hong Kong and Mainland China. By discussing the legal nature and characters of mortgage, it concludes the hypostasis of the commercial house mortgage.The second section mainly analyzes the registration of the commercial house mortgage. By introducing the concept and effect of registration, prior announcing registration, the author thinks it belongs to one kind of prior announcing registration.In the third section, by anatomizing both the positive and negative sides about the transfer of commercial house mortgage, the author argues this kind of transfer shall be allowed. Then, according to different extent of the performance of contract, it deals with different legal natures of the transfer of commercial house mortgage and puts forward the general conditions of transfer.The fourth section respectively expounds the risk, the significance of risk control, and then proposes some ways to control the risks in the practice of commercial house mortgage.The fifth section is mainly about the proposal to construct China commercial house mortgage legal system. Aiming at present situation of real estate mortgage system, it points out how to carry out the legislation on the system above.